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Judiciary of Eurasia
The Judiciary of Eurasia is an ancient institution derived from the first laws of the Laurentine Republic, which were refined by Emperor Cephorus I in the Writs of the Setertiamillenniary. It is divided into several levels of judicial supremacy, the culmination of which is the Supreme Tribunal of Cassation. Eurasian law and legal precedents are the basis for most modern law, with Raetic countries generally using either Eurasian law directly or an amalgamation of native customs and Eurasian law, and Germanic countries such as Duresia using different system derived from Eurasian law. Unlike in Germanic law, however, Eurasian law is primarily concerned with property rights and the rights inherent to Eurasian citizenship. There are no public prosecutors to argue cases on behalf of the victimized; victims are expected to hire their own attorneys. Magistrates are also elected by the people, and serve terms. Though slavery is nominally illegal, the practice of indentured servitude allows for people to be effectively bought and sold as slaves, and as such they are considered property, and in fact numerous court rulings have decided that the ancient slavery laws still apply in the modern day, for better or worse. Inferior Tribunals The lowest courts in Eurasian law are the inferior tribunals, established as the most easily accessible to the common people. These courts are the first area of resort for petty crimes such as thievery, assault, larceny, and fraud. Murder of non-citizens and non-Eurasians is also limited to this realm, and the inferior magistrates are elected to serve typically the neighborhood in which they dwell. An inferior tribunal can range from a mere few city blocks in places such as Julium to larger, more expansive tribunals that can span entire prefectures in less populated areas. In crimes committed against non-citizens, no matter the severity of the crime, the inferior tribunal is the only place in which they can seek justice, as the higher levels of the justice system are exclusive to those possessing Eurasian citizenship. If a Eurasian has a crime committed against his person by a non-citizen, it is automatically referred to a medial tribunal. Further, disputes between indentured servants are limited to inferior tribunals only, except in cases where both masters request it be moved to a higher tribunal, assuming both are citizens. Medial Tribunals Medial tribunals are generally prefecture or city-wide judicial entities that serve as the area of immediate resort for Eurasian citizens aggrieved of tertiary and quarternary murder, gross theft, rape, or all types of property damage, amongst others. Medial tribunals are also the first area of appellation for decisions ruled in the inferior tribunals, and as such many cases heard by medial magistrates are appeals of lower court rulings. As medial tribunals are higher in the judicial hierarchy and more powerful than inferior tribunals, they are often larger than their smaller counterparts, with there generally being only two to three per prefecture. Medial tribunals are the lowest tribunal that can prescribe death or life imprisonment to a Eurasian citizen, though often these decisions are referred to higher tribunals. The medial tribunals are also the first tribunals where more than one magistrate presides over courts, which occurs in the tribunals specializing in murder. Superior Tribunals Superior tribunals are the largest and most powerful tribunals in the Eurasian judiciary system that do not maintain magisterial control over whole provinces. They are the secondary area for appellation from inferior and medial rulings, and also are the first area of rule for primary and secondary murder, terrorism, heresy, insurrection, and other serious and significant crimes. The superior tribunals are large institutions, and generally there only four or five per province, with some smaller, less populated provinces only maintaining one or two. Fitting with their higher position, they are permitted to prescribe execution to any Eurasian citizen or non citizen, and are also permitted to revoke citizenship of those convicted of crimes against the state. Provincial Tribunals Provincial tribunals are the highest courts in a Eurasian province, and there exists only one per province. They are multi-magisterial tribunals, typically made up of five magistrates who make rulings on matters put before them. Unlike the inferior, medial, and superior tribunals, they do not specialize themselves by case, and instead only take up matters they deem appropriate. Though they are the third area of appellation amongst the tribunals, they maintain the right to reject any appeal out of hand, a right frequently applied. Provincial tribunals are considered to be the most devolved form of Jus Imperatoris, the politico-religious theory of the Emperor of Eurasia's judicial power, meaning that a provincial tribunal can impose an imperial interdict, in which they can be temporarily deprived of citizenship, religious rights, or any other right inherent to the idea of being Eurasia. Within the tribunal itself, the Praetor of a given province is, by virtue of his office, the Chief Magistrate of the provincial tribunal. Supreme Tribunal The Supreme Tribunal of Eurasia is the highest court in the Empire of Eurasia. It oversees all judiciary activity in the Empire itself, and is the second to last place for appellation, and generally the final place for appellation. The court itself is made of seven members and is headed by the Chief Magistrate of Eurasia, whom is elected by the members of the tribunal. The Supreme Tribunal maintains the right to reject any appeal sent to it, and its rulings affect the laws of the entire Empire. The tribunal can and has invalidated laws passed by the Senate, and frequently overrules provincial rulings. Property Rights The Eurasian judicial system is based largely upon property rights. It is considered the inherent and inalienable right of any Eurasian citizen to possess his own property without interference. As such, Eurasian law is structured to protect property rights over all others, and to some extent murder is considered a lesser crime than property destruction or theft, especially if the murdered individual is a non-citizen. The concept of property rights extends to indentured servants as well, as in Eurasian law murdering one's servant is tantamount to property damage instead of murder, as servants are viewed as non-citizens, who are not viewed as people. Prosecution and Defense The Magistracy